In the third of our series of briefings on the DSM Directive, we
examine the new content management and liability regime for online
content-sharing service providers.
Article 17 of Directive (EU) 2019/790 on Copyright in the
Digital Single Market (the "DSM
Directive"), introduces a new content management and
liability regime for online content-sharing service providers
("OCSSPs") and in this briefing, we
examine how it departs from the 'safe harbour' regime that
applies to other information society service providers under the
E-Commerce Directive.
Article 17 is one of the most controversial provisions of the
DSM Directive. Its supporters view Article 17 as facilitating more
licensing of copyright protected works online to generate
remuneration for rightholders whose works are shared by users on
profit generating online platforms, while its detractors argue that
it goes too far and will have an adverse effect on freedom of
expression and the proper functioning of
